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Case Study: Low-Range PCA Avoids Conviction Despite Reading and Collision

For many people, their livelihood depends on being able to drive. For others, avoiding a criminal conviction is vital to their career and ability to travel overseas. A recent...

Justin Wong

For many people, their livelihood depends on being able to drive. For others, avoiding a criminal conviction is vital to their career and ability to travel overseas.

A recent client of ours fell into both categories. She had been charged with low range drink driving and faced a criminal conviction, a fine of $1,100 and having her licence disqualified for 6 months. As a result, her career was in jeopardy.

Although first time offenders charged with low range drink driving are commonly not convicted, this is generally only case where offenders have a have a low alcohol reading, and no aggravating factors to their driving (such as speeding, passengers, or a collision).

Our client was in a very different situation, with her reading not only at the highest end of the low range (0.078), but she had fallen asleep at the wheel and was subsequently involved in a collision.

After conferencing with our client and gaining an understanding of her situation, Zoe Whetham, Senior Associate at Streeton Lawyers, worked with our client to prepare a strong and convincing case to avoid a criminal conviction, despite the serious circumstances of the offence.

The magistrate ultimately agreed with Zoe’s submissions, and our client was able to avoid a conviction and licence disqualification. Instead, she was placed on a bond without conviction, for a period of 12 months.

Our client was understandably extremely relieved with the outcome.